Can I get 100% of my ex-spouse's Social Security if they die after our divorce?
I've been researching ex-spouse Social Security benefits and want to make sure I understand correctly. I know if we're married for 10+ years, I can claim 50% of my ex-husband's benefits at my FRA if his benefit is higher than mine. But what happens if he passes away years after our divorce? My situation: We divorced when I was 48 after 12 years of marriage. I'm 63 now and planning for retirement. If he passes away before I start claiming (or even after), would I still get just 50% of his benefit or would I qualify for 100% as a surviving divorced spouse? Does it matter that he remarried about 5 years after our divorce? I'm trying to understand all my options because his benefit will be significantly higher than mine (about $3,750/month vs my $1,850). I'm still single and don't plan to remarry before retirement.
20 comments
Cedric Chung
The good news is that if your ex-spouse passes away, you would be eligible for survivor benefits as a divorced spouse, which means you could receive up to 100% of what your ex-husband was receiving (or would have received) at his full retirement age. This is true even though he remarried. To qualify for these survivor benefits as a divorced spouse: - Your marriage lasted at least 10 years (which yours did) - You are at least 60 years old (you are) - You haven't remarried before age 60 (you haven't) It doesn't matter that he remarried. His current spouse could also be eligible for survivor benefits, and this wouldn't affect your eligibility at all.
0 coins
Hailey O'Leary
•Thank you so much for clarifying! That's a huge difference between 50% and 100%. Do you know if I would need to provide a death certificate or would the SSA automatically know when he passes? Also, would I need to switch from regular ex-spouse benefits to survivor benefits, or would it happen automatically?
0 coins
Talia Klein
My mom went thru this exact thing!!! She was getting half of my dads SS after they divorced (30 yr marriage) and when he died she started getting his full amount. She had to go into the SS office with the death certficate tho. It took like 2 months to switch over. Hope that helps!
0 coins
Maxwell St. Laurent
•This is completely FALSE. She was NOT getting "half his SS" while he was alive unless he was already receiving benefits AND she was at her FRA. The survivor benefit is also NOT the "full amount" but depends on various factors including when the ex-spouse claimed benefits, when the surviving ex-spouse claims, etc. Please don't spread misinformation!!!
0 coins
PaulineW
Yes, as a divorced spouse who was married for over 10 years, you would be eligible for survivor benefits if your ex passes away. This means you could receive up to 100% of his benefit amount if you claim at your full retirement age. Important things to note: 1. You can actually claim survivor benefits as early as age 60 (or 50 if disabled), but they will be reduced if claimed before your FRA 2. The survivor benefit amount depends on when your ex claimed benefits - if he claimed early, your survivor benefit may be reduced 3. You must apply for these benefits - they don't automatically convert 4. His remarriage doesn't affect your eligibility for survivor benefits as his ex-spouse Since you're 63, you could claim reduced survivor benefits now if he passes away, or wait until your FRA for the full amount. You might even consider a strategy of taking reduced survivor benefits now and switching to your own benefit at 70 if that would be higher (with delayed retirement credits).
0 coins
Hailey O'Leary
•This is extremely helpful, thank you! I hadn't considered the strategy of taking survivor benefits earlier and then switching to my own later. I'll definitely look into that option if the situation arises.
0 coins
Annabel Kimball
Does anyone know how they notify you if your ex dies? My ex and I haven't spoken in 15 years and I wouldn't know if something happened to him.
0 coins
Cedric Chung
•The SSA doesn't have a notification system for ex-spouses. You would need to find out through other means (mutual friends, family, obituaries, etc.) and then contact the SSA. This is actually a common issue - many people miss out on survivor benefits because they don't know their ex-spouse passed away.
0 coins
Chris Elmeda
i had a similar situation and i had to provide the death certificate to SSA. they were NOT helpful at all. took me calling like 50 times before i could even get anyone on the phone!!!! so frustrating
0 coins
Jean Claude
•I had the same frustrating experience trying to reach SSA about survivor benefits. After wasting days with busy signals and disconnections, I found Claimyr.com which got me through to a live SSA agent in under 20 minutes. They have this video showing how it works: https://youtu.be/Z-BRbJw3puU. Totally worth it for something this important where you need to talk to an actual person. The agent I spoke with helped me understand exactly what documents I needed to provide for my survivor benefits claim.
0 coins
Maxwell St. Laurent
One critical point nobody has mentioned yet: your survivor benefit as a divorced spouse is NOT automatically 100% of his benefit. The actual amount depends on several factors: 1. If your ex-husband claimed before his FRA, your survivor benefit would be limited to the larger of his actual benefit or 82.5% of his PIA. 2. If you claim survivor benefits before your FRA (which is probably 66+4mo based on your age), your amount would be reduced - as much as 28.5% if claimed at 60. 3. There's a special rule called the RIB-LIM rule that might further limit your survivor benefit if he claimed early. And regarding notification - the SSA will NEVER notify you of your ex's death. You need to monitor this yourself and apply when it happens.
0 coins
Hailey O'Leary
•Thank you for this detailed explanation. I'd never heard of the RIB-LIM rule before. Do you know how I can estimate what my survivor benefit would be? Is there a calculator on the SSA website for this specific situation?
0 coins
PaulineW
To answer your follow-up question about calculators - unfortunately, the SSA's online calculators don't handle survivor benefits for divorced spouses very well. Your best bet is to contact SSA directly and ask for an estimate based on your specific situation. At your current age (63), you have some strategic options worth considering: 1. If your ex is still living: you could claim reduced spousal benefits now (about 35% of his PIA instead of 50%), or wait until your FRA to get the full 50%. 2. If your ex passes away: you could take reduced survivor benefits as early as now, or wait until your FRA for the maximum amount. Keep in mind that your own benefit continues to grow until age 70, so depending on your health and financial situation, it might make sense to take ex-spouse or survivor benefits earlier and switch to your own benefit later if it would be higher.
0 coins
Talia Klein
•Wait I thought u cant switch back and forth? My cousin tried to do that and they said once u pick which benefit u want your stuck with it forever???
0 coins
Cedric Chung
To clarify the confusion about switching benefits: the rules changed with the Bipartisan Budget Act of 2015, but they're different for survivor benefits! If you're dealing with regular retirement benefits and spousal benefits, you're generally right that you can't freely switch back and forth anymore. When you file, you're deemed to be filing for all benefits you're eligible for. HOWEVER - and this is important - survivor benefits are treated differently. You CAN still switch between survivor benefits and your own retirement benefits. This means you could: 1. Take reduced survivor benefits as early as 60 and then switch to your own (potentially increased) retirement benefit at 70, OR 2. Take your own reduced retirement benefit as early as 62 and then switch to survivor benefits at your FRA This flexibility with survivor benefits remains one of the few claiming strategies still available after the 2015 law changes.
0 coins
Hailey O'Leary
•That's such valuable information! So even with the law changes, I'd still have the option to claim survivor benefits first (if he passes away) and then switch to my own at 70 if that would be higher. I really appreciate everyone's expertise here - this is exactly what I needed to know.
0 coins
Annabel Kimball
Does anyone know if you can collect survivors benefits if you remarry? I'm 58 and divorced after 22 years of marriage. My ex might not be in great health and I'm sorta seeing someone new...would getting remarried mess up my benefits if something happens to my ex?
0 coins
PaulineW
•The rule is that you cannot receive divorced spouse survivor benefits if you remarry before age 60. If you remarry at age 60 or later, you can still qualify for survivor benefits based on your ex-spouse's record. Since you're 58 now, if you remarried before turning 60, you would not be eligible for survivor benefits from your ex if he passes away. But if you wait until after your 60th birthday to remarry, you would still be eligible.
0 coins
Talia Klein
The social security rules are so confusing!!! I'm 55 and haven't even started thinking about this stuff yet. Should I be worried?
0 coins
Maxwell St. Laurent
•At 55, you should ABSOLUTELY be planning your Social Security strategy already. Create a my Social Security account on SSA.gov to see your estimated benefits. If you were married for 10+ years and are now divorced, you need to factor in potential ex-spouse benefits in your planning. Don't wait until retirement age to start understanding these rules!
0 coins